Non-Fatal Offences Against The Person Act 1997

Section 2(1): A person shall be guilty of the offence of assault who, without lawful excuse, intentionally or recklessly:
- (a) directly or indirectly applies force to or causes an impact on the body of another, or
- (b) causes another to believe on reasonable grounds that he or she is likely immediately to be subjected to any such impact, without the consent of the other.

Direct or Indirect Force or Impact:
- DPP v K (1990): A boy put sulphuric acid in a hand dryer, highlighting that indirect actions can lead to assault charges.
- Definition of Force: According to the 1997 Act section 2(2), force is not limited by minimum amount, implying that even minor application can constitute assault.
- Apprehension of Force: No requirement for the victim to be aware of or apprehend the force; thus, assault can occur even if the victim is asleep.
- R v Thomas (1985): Case wherein touching a woman's skirt was deemed a form of assault, reinforcing broader interpretations of assaultive contact.

Reasonable Apprehension: This involves an objective apprehension of immediate infliction of force and cannot be committed if the victim is asleep.
- R v Horseferry Road Magistrates’ Court (1991): Established that violence leading to assault must result in a reasonably short period of time, suggesting immediacy is key to this form of assault.
- R v Ireland (1997): The defendant made telephone calls to victims, indicating that threats of violence can amount to an assault even without physical interaction.

R v Byrne (1968): This case established that words alone cannot constitute an assault in a Canadian context.
Turberville v Savage (1669): This case demonstrated that words can negate an assault; indicating that context matters in assessing threats.

Minor contact may lead to an understanding of implied consent unless such consent has been withdrawn by the individual involved.

Section 3: It is an offence to assault another person causing harm.
Section 4: It is an offence to intentionally or recklessly cause serious harm to another individual.
- Definition of Harm (Section 1): Harm is described as harm to body or mind and encompasses pain and unconsciousness.
- R v Miller (1954): Established that a woman suffering a nervous condition from an assault qualified as actual bodily harm.

Section 4: Proof Required: Serious harm must be proven as per Section 1 definitions.
- Definition of Serious Harm: Constitutes injuries that lead to substantial risk of death, serious disfigurement, considerable loss or impairment of body mobility, substantial loss of any organ of the body, or its parts.

Intent and Recklessness Required: Proof of mens rea includes intention or recklessness (subjective recklessness) based on the defendant's state of mind.
- R v Mowatt (1967): Notably held that a defendant does not need to foresee grievous bodily harm (GBH) but only foresee some physical harm to be convicted.
- R v Savage (1991): Sufficient foresight of some physical harm was all that was required for conviction.

Definition of Syringes (Section 6): Syringes include any part of a needle or any sharp instrument capable of piercing the skin and passing blood or blood-like substances to another.
- Section 6(1) Offence: It is an offence to injure or threaten to injure another by piercing their skin, with intentions related to instilling the belief of disease infection, or where there is a likelihood of that belief.

Intent Required: The defendant must have intentionally or recklessly acted to stab or threaten to stab, with intent to instill the belief of potential disease infection.
Objective Recklessness: It's necessary that circumstances could reasonably lead a person to think they may have been infected. Importantly, there is no need for the actual belief to be instilled in the victim.